Will a Nursing Home Kick Out My Parent if We Sue Them?

 Posted on April 29, 2024 in Nursing Home Abuse

Being the loving family member that you are, it is natural to feel concerned for your loved one’s future if he or she is not experiencing the level and quality of care that nursing home residents need and deserve. To take things a step further, the level of dread you feel may be increased if you are thinking of suing your loved one’s nursing home facility. One very common worry is whether the nursing home will retaliate by kicking out your partner if you decide to sue them. If your loved one is suffering from abuse or neglect in his or her nursing home and you are considering legal action, contact a lawyer today.  

At Schwartz Injury Law, our comprehensive understanding of nursing home law in Illinois allows us to protect patients and their families to the fullest extent possible. Trust our team of compassionate legal professionals who are ready to fight for your loved one. 

Nursing Home Residents Are Protected Under the Law

Before delving into the question of whether a nursing home can kick out a resident for taking legal action against the facility, it is important to understand the rights and protection afforded to residents in Illinois. Make no mistake: nursing home residents have legal rights that are protected under state and federal law. These rights come into focus when the family fears retaliatory action because they are pursuing legal action against the facility. 

Legal Protections Against Retaliation

In Illinois, nursing home residents are protected from retaliation by the Nursing Home Care Act, which prohibits nursing homes from discriminating or retaliating against residents for asserting his or her rights. This means that a nursing home cannot evict a resident simply because the resident’s family has filed a lawsuit or taken legal action against the facility. 

Legal Options After Attempted Retaliation Against a Nursing Home Resident 

If a nursing home attempts to kick out a resident in retaliation for legal action, there are legal options available to challenge this decision. Residents and families can seek options through the Illinois Department of Public Health or pursue a legal case against the nursing home for violating their rights under the Nursing Home Care Act. 

Contact Our St. Claire, IL Nursing Home Neglect and Abuse Attorney

If you believe your loved one is not receiving the care he or she needs or believes he or she is being retaliated against by his or her facility, a respected Madison County, IL nursing home neglect and abuse lawyer can help. Call 312-535-4625 for a free consultation.